Rupesh Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17128 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== Rupesh Chouhan S/O Rajesh Chouhan R/O Village- Pahadpur, P.S- Badesar, Distt.- Gajipur(U.P) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420, 376 of the Indian Penal Code, 4/8 of the POCSO Act and Sections 3, 4, 5, 7, 9 of the Immoral Traffic Act. As per prosecution case, the informant alleged that he along with police party raided three hotels and arrested many ladies and gents including the petitioner who were indulged in immoral trafficking.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that no any victim girl has given statement against the petitioner, in fact the petitioner was going to station road Buxar

Patna High Court CR. MISC. No.17128 of 2023(2) dt.12-05-2023 2/2 for purchasing of livelihood material meanwhile, local police arrested him on the basis of suspicion and falsely been made accused in the present case. Moreover, similarly situated coaccused namely, Sonu Kumar has already been granted bail by this Court vide order 28.4.2023 passed in Cr. Misc. No. 15434 of 2023. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 29.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 66 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI-cumSpecial Judge, POCSO Act, Buxar (Sunil Kumar Panwar, J) Sushma/- U T